1.If the producer organisation has not fulfilled its obligations with regard to green harvesting, it shall pay by way of penalty the amount of the compensation relating to the areas for which the obligation has not been respected. A failure to fulfil obligations shall include cases where:
(a)the area notified for green harvesting is not eligible for green harvesting;
(b)the area is not totally harvested or the production not denatured;
(c)there has been a negative impact on the environment or a negative phytosanitary consequence for which the producer organisation is responsible.
2.If the producer organisation has not fulfilled its obligations with regard to non-harvesting, it shall pay, by way of penalty, the amount of the compensation relating to the areas for which the obligation has not been respected. A failure to fulfil obligations shall include cases where:
(a)the area notified for non-harvesting is not eligible for non-harvesting;
(b)a harvest or partial harvest has nevertheless taken place;
(c)there has been a negative impact on the environment or a negative phytosanitary consequence for which the producer organisation is responsible.
Point (b) of the first subparagraph of this paragraph shall not apply where the second subparagraph of Article 48(3) applies.
3.The penalties referred to in paragraphs 1 and 2 shall apply in addition to any penalty imposed pursuant to Article 61.